Constitutional justice and the realization of the key values of constitutionalism
Abstrak
Judges play a pivotal role in contemporary constitutionalism, interpreting both ordinary laws and the Constitution. Their role involves fully realizing the Constitution's intent and safeguarding it through judicial mechanisms. Judges must approach the Constitution as a living document, integrating its evolving dynamics into their jurisprudence. This requires employing a teleological approach, seeking the Constitution's objective intent as understood at the time of interpretation, independent of the framers' historical perspectives. Judges, particularly constitutional judges, must consider the Constitution's core value system—human dignity, freedom, and equality—and integrate these principles into their interpretations. The Constitution encompasses unwritten laws, and revealing these is essential to judicial interpretation. Conflicts between constitutional values should be resolved through the principle of practical concordance. Judges also serve an internationalization function, considering the influence of inter- and supranational law as envisioned by the Constitution. National fundamental rights should be interpreted in alignment with regional and universal human rights frameworks.
Penulis (1)
R. Arnold
Akses Cepat
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Cek di sumber asli →- Tahun Terbit
- 2024
- Bahasa
- en
- Sumber Database
- Semantic Scholar
- DOI
- 10.21564/2707-7039.2.318389
- Akses
- Open Access ✓